Cases

1754 WordsFeb 13, 20138 Pages
PADMASHREE DR . D.Y. PATIL LAW COLLEGE PIMPRI,PUNE – 411018. MOOT COURT NO. – 2 DATE : 28 JAN . 2013. STUDENT ADVOCATE POKHARKAR CHHAYA BHAUSAHEB B.COM.LL.B.-III ROLL NO . - 16. IN THE COURT OF HIGH COURT OF BANGALORE AT KARNATAKA RAHUL Appellant V/S State of Karnataka Respondent Appearing on behalf of Respondent INDEX SR.NO | PARTICULARS | PAGE NO. | 1. | List of Abbreviations | | 2 | Authority Cited | | 3 | Statement Of Jurisdiction | | 4 | Fact Of Case | | 5 | Issue Of The Case | | 6 | Body Of Pleading | | 7 | Prayer Clause | | LIST OF ABBREVIATIONS 1. Indian Evidence Act 1872 2. Indian penal code 1860…show more content…
------------------------------------------------- Palmer ------------------------------------------------- v/s ------------------------------------------------- R 1971 There has been no attack then clearly there will have been no need of defense if their has been attack so that defense is reasonably necessary. it will be recognize that person defending him self can not weigh to nicety that exact measure of his necessary defencive action there is a reasonable force be use then there is no crime. In this case Rahul has use excessive force than he use defense. That excessive force prove the guilt of Rahul and proving the his intention. 3. Whether it is murder or not ? Yes, It is murder because Rahul knowing that the Gopalakrishna under disease and Rahul gives blow by stick and his blow is likely to cause his death with the intention of causing bodily injury resulting in his death and Gopalakrishna dies in consequence of the blow,it is a murder. Case law :- ------------------------------------------------- Balkar singh ------------------------------------------------- v/s ------------------------------------------------- State of Uttarakhand 31/3/2009 In this case the offender know the condition of victim or state of health that the internal harm cause to him likely to fatal. Notwithstanding the fact that the such harm would not in the ordinary way of nature be sufficient to cause death of person in normal condition and he know that

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